As 21 News first reported last week, Attorney Martin Desmond filed a motion for the appointment of a special prosecutor to investigate the alleged cases of corruption by Mahoning County officials. But now, days after that filing, the Mahoning County Prosecutor has filed a motion to strike that request based on what she calls "untrue, offensive, inflammatory and scandalous matters..."

On October 9, a court filing calling for a criminal investigation into several Mahoning County public officials, including Mahoning County Prosecutor Gina DeGenova, Commissioner Carol Rimedio-Righetti, Commissioner David Ditzler and County Administrator Audrey Tillis was filed claiming of covering up a politically motivated firing of a county employee. 

Now, the Mahoning Co. Prosecutor has filed a motion to strike the petition against the case.

The Motion to Strike Petition was filed with the Clerk of Courts office Tuesday.

The new filing filed by DeGenova to the court asks the court to strike the petition filed on October 9 by Attorney Martin Desmond, stating it contains "untrue, offensive, inflammatory and scandalous matters and that is otherwise protected by marital communication privilege under R.C. 2945.42."

The filing also asks that the court at least give an order staying proceedings until after the November 5 election, in which DeGenova is running for re-election as Mahoning Co. Prosecutor against an opponent for the job.

The filing also asked the court for an order assessing sanctions against Desmond and to admonish Desmond to "discontinue using the court system as a platform for harassment and election interference."

In 2022, Tillis fired maintenance worker Ricky Morrison. Morrison sued, alleging he was fired for supporting Righetti's opponent in that year's election. After DeGenova looked into the matter, she publicly stated that the firing was improper but that it was because Tillis acted alone and without authority, not because of politics. Morrison was reinstated, and the county agreed to pay him $175,000.

During that suit, however, Morrison's attorneys also alleged that DeGenova's investigation was a sham meant to cover up the commissioners' wrongdoing.

Attorney Desmond has listed DeGenova's estranged husband as a witness in the filing against the public officials.

The October 9 filing claims that DeGenova's "pleadings recklessly assert unsubstantiated allegations of criminal activity, based solely on fabricated hearsay and double hearsay evidence" submitted by her estranged husband, who is divorcing.

The filing states, "Any information offered by the Estranged Husband - albeit untrue - is nonetheless subject to the marital communication privilege under R.C. 2945.42 and cannot be used against DeGenova."

The motion filed Tuesday questions the timing of the filing, stating it was meant to hurt the campaign of DeGenova and the re-election campaign of County Commissioner David Ditzler.

Desmond is a former Mahoning County Assistant Prosecutor fired under DeGenova's predecessor and colleague Paul Gains. Desmond told 21 News during the original report the new filing was about justice, not retribution.

DeGenova has denied the allegations and says they are part of an ugly divorce.

In the filing, DeGenova notes several items of exhibit, including a 2013 domestic abuse charge from her husband's previous marriage. However, he was tried and found not guilty of the charge.

21 News reached Attorney Desmond for comment. He said he had not had a chance to review the filing but was not concerned by it.

Here is the Motion to Strike filing in the case: